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Custody by Default? California

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  • xena
    replied
    Originally posted by Raeraespike View Post
    I have joined and am asking this question for my sister. She has been fighting off her (documented) abusive ex-husband's custody attepmts for 5 years. He is always found "unfit" to care for the children full-time but is allowed visitation.
    On Tueday my sister and the ex were going to court yet again for a follow-up after mediation. The ex informed my sis that he was a the courthouse and that their "hearing" had been moved to a different day/time, so she didn't go and instead noted the new date and time.

    Today the ex handed her paperwork stating that he had been awarded custody by default.

    Of course, I am in favor of my sister because she's my sister but she really is an amazing woman who takes excellent care of her children. Non-smoker, non-drinker, owns a business, volunteers at school ALL the time, and is a wonderful role model in general, etc. I wish I could be more like her.

    My question is: Is there a way this can be overturned or is it set in stone?

    She is raising the kids with ZERO child support from the father and doesn't have a dime to spare, hence no lawyers. She is very proficient when it comes to dealing with court issues yet somehow, was dumb enough to believe that the hearing had been cancelled. She's been crying and pacing for hours now. She's filing for an emergency hearing in the morning but any advice or stories of similar situations would be very helpful.

    Thank you.
    Unfortunately, your sister made a HUGE mistake when she believed what her ex told her about the hearing being delayed. NEVER, EVER believe what an ex says. ALWAYS follow up, next time she will need to either show up for court, even if it's a wasted trip, or call and speak directly to the court clerk, or Judge's assistant.

    Why isn't her ex paying CS?
    Was it not ordered? If so, has she filed for CS yet?
    If it was ordered, and he's not paying, she needs to file a motion for contempt to enforce the order.

    Hopefully, the Judge will allow another hearing, but that is totally in the Judge's descretion.

    Leave a comment:


  • Raeraespike
    started a topic Custody by Default? California

    Custody by Default? California

    I have joined and am asking this question for my sister. She has been fighting off her (documented) abusive ex-husband's custody attepmts for 5 years. He is always found "unfit" to care for the children full-time but is allowed visitation.
    On Tueday my sister and the ex were going to court yet again for a follow-up after mediation. The ex informed my sis that he was a the courthouse and that their "hearing" had been moved to a different day/time, so she didn't go and instead noted the new date and time.

    Today the ex handed her paperwork stating that he had been awarded custody by default.

    Of course, I am in favor of my sister because she's my sister but she really is an amazing woman who takes excellent care of her children. Non-smoker, non-drinker, owns a business, volunteers at school ALL the time, and is a wonderful role model in general, etc. I wish I could be more like her.

    My question is: Is there a way this can be overturned or is it set in stone?

    She is raising the kids with ZERO child support from the father and doesn't have a dime to spare, hence no lawyers. She is very proficient when it comes to dealing with court issues yet somehow, was dumb enough to believe that the hearing had been cancelled. She's been crying and pacing for hours now. She's filing for an emergency hearing in the morning but any advice or stories of similar situations would be very helpful.

    Thank you.
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